Because cannabis is harmful, it is against the law in Western Australia to grow, possess, use, sell or supply cannabis. It is also against the law to possess pipes and other implements with detectable traces of cannabis.
Under the law, police can issue a Cannabis Infringement Notice (CIN) to people aged 18 years and over caught possessing small amounts of cannabis.
If you receive a CIN, you must choose between:
- Completing a Cannabis Education Session within 28 days;
- Paying a financial penalty within 28 days; or
- Having the matter heard in court.
If you choose to attend a Cannabis Education Session (CES) or pay the financial penalty, then you will not need to appear in court. This means you will not receive a criminal conviction.
It is important to be aware that:
- You can only choose between paying the fine, attending a CES or going to court for the first two times you are issued with a CIN on any two separate days within a three-year period. After this, when you are issued with a CIN you must attend the CES every time or elect to go to court. You no longer have the option of paying a fine.
- If the police have relevant evidence, you could still be charged with the more serious offence of possession of cannabis with intent to sell or supply even for small amounts of cannabis.
- A CIN will not be issued to anyone 18 years and over in possession of any quantities of cannabis resin (hash), hash oil, or other cannabis derivatives,which will be prosecuted through the courts.
- A CIN will not be issued to anyone found in possession of hydroponic cannabis plants.